Retana v. United Logistics Solutions Inc

Filing 11

ORDER Granting 10 Plaintiff's Request for Dismissal filed by Jose Manuel Retana. Signed by Magistrate Judge Jacqueline Scott Corley on 11/13/2014. (ahm, COURT STAFF) (Filed on 11/13/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOSE MANUEL RETANA, individually and
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Case No. 3:14-cv-3210-JSC

Plaintiff,
CLASS ACTION

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vs.
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UNITED LOGISTIC SOLUTIONS, INC.,
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[PROPOSED] ORDER GRANTING
PLAINTIFF’S REQUEST FOR
VOLUNTARY DISMISSAL

Defendants.

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[PROPOSED] ORDER

[PROPOSED] ORDER

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WHEREAS, the parties have reached an out-of-court individual settlement in the above
referenced class action.
WHEREAS, Defendant solicited opt-out agreements from putative class members;

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WHEREAS, the agreements solicited contain non-cooperation agreements;
WHEREAS, the agreements solicited contain arbitration agreements that impliedly

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WHEREAS, Plaintiff’s claims for penalties pursuant to the California Private Attorney

10 General Action (Labor Code § 2698 et seq. “PAGA”) are untimely, as Plaintiff lacks standing to
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pursue such claims given the fact that Plaintiff left his employment with Defendant more than 1

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year prior to sending a certified letter to the California Labor and Workforce Development
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Agency;
WHEREAS, Plaintiff now believes successful prosecution of a class action would be

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WHEREAS, Plaintiff has filed a Request for Voluntary Dismissal.

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THEREFORE, the Court orders as follows:

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1.

The class action allegations are dismissed without prejudice as to any other

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member of the putative class seeking certification;
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Plaintiff’s individual claims are dismissed with prejudice; and

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Plaintiff’s claim pursuant to Labor Code § 2698 et seq. (“PAGA”) is dismissed

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S

RT

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Judge Ja

H

ER

cquelin

e Scott

Corley

R NIA

NO

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TED
GRAN

UNITED STATES DISTRICT COURT
FO

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DATED: November 13, 2014

UNIT
ED

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IT IS SO ORDERED.

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[PROPOSED] ORDER